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Prevailing Wage Landscaping FAQ

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Many questions have been
posed to the Department regarding the application of the Prevailing
Wage Act to work involving landscape (e.g. plants, bulbs, seeds, bushes,
shrubs etc, dirt, organic materials, sod, and nonorganic materials used in
connection with landscape) and the issues relating to modifications to real estate
because of the uniqueness of the work and materials involved. The Department
believes it is appropriate to set forth certain questions and answers, which
illustrate the Department’s position as a matter of its enforcement policy to
issues involving landscape work and the application of the Prevailing Wage Act.

Nothing set forth below
should be interpreted as a change in the Departments view regarding traditional
"hardscape work" (by way of example and not limitation "work
associated with building, making, forming, demolishing brick or concrete paths
or walk ways, fountains, concrete or masonry planters or retaining walls")
that some might consider or refer to as falling under "landscape
work." The Department has considered this work to have fallen under the
Prevailing Wage Act and remains covered work under the Prevailing Wage Act.

Where examples are given,
they should be considered as examples only to help provide guidance and should
not be considered all encompassing.

Is work in connection with landscape work covered under the
Prevailing Wage Act?

Work performed in
connection with landscape may be covered work depending upon the nature
of the work.

What established classification of employees under the
Prevailing Wage Act covers those employees who perform landscape work, which
falls under the coverage of the Prevailing Wage Act?

For the purpose of the
Prevailing Wage Act, the Department of Labor does not recognize the
classification of "landscape plantsman," "landscape
laborer" "landscape helper" "landscape installer"
"landscape operator" or "landscape truck driver." Work
performed by persons who sometimes may be called "landscape
plantsman" or "landscape laborer" is covered by the classification
of laborer. Work performed by persons sometimes referred to as "landscape
operator" is covered by the classification of operator and work performed
by persons sometimes call "landscape truck driver" is covered by the
classification of truck driver. Neither bids nor contracts nor acceptances on
landscape work covered by the Prevailing Wage Act should be based upon rates of
pay other than that those associated with the classifications of laborers,
operator, or truck driver the Department has published.

What are examples of landscape work that is covered under the
Prevailing Wage Act when performed in connection with other work covered under
the Prevailing Wage Act?

All work involving the
installation or removal of landscape materials in conjunction with or as part
of work which is otherwise covered under the Prevailing Wage Act is also work
covered by the Prevailing Wage Act. For example:

1.original
installation of landscape materials in connection with covered work involving
buildings or structures

2.landscape
work in conjunction with covered work involving any road, boulevard, street,
highway, bridge project, sewer or underground project

3.lawn
and landscape restoration performed in conjunction with covered work involving
trenches and manholes, pipes, cables and conduits

4.preparation
of and landscaping of approaches associated with covered work performed in
connection with shafts, tunnels, subways, and sewers

5.landscaping
of an old or new site in conjunction with covered work involving underpinning,
lagging, bracing, propping or shoring

6.landscaping
in connection with covered work involving earthmoving and grading

Even if the landscaping
is to be performed after completion of the covered project, if it is an
integral part of the overall project, it is deemed being performed in
conjunction with or part of the project.

When is landscape work no longer, considered to be performed in
conjunction with or as part of a project otherwise covered under the Prevailing
Wage Act?

Landscape work is no
longer considered to be performed in conjunction with or as part of a project
when the architect, project manager, or other appropriate authorized
representative issues a certificate of substantial completion to the landscape
contractor or other document reflecting substantial completion, such as final
payment, which under the contract is to be made upon completion of work. If the
manager refuses to issue such a certificate, then when the installation and or
removal of all materials as required in the contract has been completed,
subsequent work is no longer considered in conjunction with or part of the
project.